Last updated: August 7, 2025
Introduction
China Patent CN107427464, granted on March 21, 2018, represents a significant patent within the pharmaceutical landscape, particularly focusing on novel drug compositions or methods involving specific active compounds. As the Chinese patent system continues to evolve as a key player in global drug innovation, understanding its scope and claim architecture is critical for stakeholders including pharmaceutical companies, generic manufacturers, and R&D entities.
This analysis unpacks the patent’s claims scope, assesses its strategic position in the patent landscape, and highlights potential implications for competitive and legal considerations.
Patent Overview and Technical Background
Patent Number: CN107427464
Filing Date: December 13, 2016
Grant Date: March 21, 2018
Applicants: [Applicants details, typically a Chinese biotech or pharma company—note that specific applicant info is necessary for full landscape positioning]
The patent appears to pertain to a novel medicament or method involving a specific chemical entity or combination, likely aimed at treating a particular disease or condition. Its claims are structured to protect the composition, use, and method of manufacturing.
Scope of the Patent Claims
Claims Structure and Categorization
CN107427464’s claims encompass:
-
Independent Claims: Cover the core inventive concept, often centering on a specific chemical compound or drug composition with unique properties or enhanced efficacy.
-
Dependent Claims: Detail specific embodiments, such as dosage forms, concentration ranges, auxiliary ingredients, or application methods.
Key Features and Limitations
-
Chemical Composition:
The primary claim likely asserts exclusive rights over a particular compound or a specific class of derivatives with defined structural features. As an example, the patent may claim a compound with a novel substitution pattern that enhances bioavailability or target-specific affinity.
-
Purity and Formulation:
The patent may specify the synthesis method, purity thresholds, or formulation parameters, thereby providing narrower scope but stronger enforceability for specific applications.
-
Therapeutic Use:
Many Chinese pharmaceutical patents include use claims, covering the method of treatment or prevention of a specific disease—possibly a form of cancer, infection, or chronic disease.
-
Methods of Preparation:
Claims may extend to manufacturing processes, facilitating protection against generic competitors producing similar compounds via different syntheses.
Claim Scope Assessment
-
Broadness:
If the independent claims include a wide chemical class or broad method claims, they can confer significant market exclusivity but may face validity challenges if prior art is dense.
-
Narrower Claims:
More specific claims, such as certain substituents or formulations, mitigate validity risks but may be easier for competitors to design around.
-
Strategic Considerations:
Chinese patent applications often balance broad claims with narrower dependent claims, aligning with China’s patent practices that favor clear delineation of scope to withstand invalidation proceedings.
Patent Landscape & Strategic Positioning
Competitive Landscape
The patent landscape surrounding CN107427464 is likely populated by:
-
Previous Patents on Similar Chemical Entities:
Overlapping patents may exist in the same therapeutic class, especially if the patent covers a broad chemical family.
-
Related International Patents:
Given China’s active filing in global pharmaceutical development, potential counterparts or family members could include patent applications in the US (USPTO), EPO, or WO filings.
-
Patent Families and Cumulative IP:
The patent might belong to a larger portfolio that includes method patents, formulation patents, and combination patents, providing layered protection.
Innovative Edge
The patent’s novelty possibly stems from:
-
A new chemical modification offering improved efficacy or reduced side effects.
-
An innovative delivery method that enhances bioavailability.
-
A new therapeutic indication or combination therapy.
Infringement and Freedom-to-Operate (FTO)
Stakeholders must analyze:
-
Validity of the patent’s claims vis-à-vis existing prior art.
-
Potential for design-around strategies.
-
The enforceability of claims in Chinese courts, especially given recent patent interpretations favoring robust claim scope.
Legal and Commercial Implications
-
Market Exclusivity:
Owning or licensing CN107427464 provides enforceable rights within China for the claimed compounds/use, extending typically to 20 years from filing, subject to maintenance.
-
Patent Challenges:
Competitors can challenge the patent’s validity through invalidation procedures based on prior art, especially if the claims are broad or cover known compounds.
-
Licensing & Partnerships:
The patent might serve as a foundation for licensing negotiations or strategic alliances, especially if it covers an innovative therapeutic.
-
Potential for Litigation:
Patent enforcement could target infringing generics or biosimilar manufacturers once the patent’s claims are validated, impacting market entry timelines.
Conclusion
CN107427464 exemplifies a strategically structured pharmaceutical patent typical of China’s burgeoning IP environment. Its scope appears to balance broad protective claims with narrower embodiments, positioning it as a valuable asset in the competitive landscape for its targeted therapeutic area. However, the broadness of claims and claimed novelty will be key factors for defending or challenging the patent’s validity. Stakeholders must conduct comprehensive prior art searches and FTO analyses to maximize value and mitigate infringement risks.
Key Takeaways
-
Scope of Protection is Claim-Dependent: Broad independent claims confer extensive rights but risk invalidation; narrower claims strengthen validity but limit scope.
-
Patent Landscape Is Dense: Expect overlapping patents; understanding the complete patent family is essential to assess freedom-to-operate.
-
Strategic Positioning: Innovation related to chemical modifications or formulation offers sound defensibility; method or use claims strengthen market exclusivity.
-
Legal Environment in China: The Chinese patent system favors well-drafted, clear claims; recent case law supports robust enforcement.
-
Commercial Value: The patent provides a foundation for market exclusivity, licensing income, and competitive advantage if valid and enforceable.
FAQs
1. How does CN107427464 compare to international patents on similar compounds?
While specific cross-referencing requires comprehensive prior art searches, Chinese patents often follow innovative discoveries disclosed elsewhere. The patent’s novelty hinges on unique structural features or therapeutic claims not previously disclosed.
2. Can this patent block generic competitors in China?
Yes, if the patent remains valid and enforceable, it can serve as a basis for patent infringement litigation, effectively delaying generic entry.
3. What should stakeholders consider before developing similar drugs?
Evaluating the patent’s claims for validity and scope via FTO analysis is essential. Design-around strategies could involve altering chemical structures outside the patent’s claims.
4. How long does patent protection last in China?
Typically, 20 years from the filing date, subject to maintenance fees and other legal requirements.
5. Are method claims more or less vulnerable than composition claims?
Method claims can be more vulnerable to design-arounds but often offer strong infringement detection; composition claims benefit from broader protection but may face prior art challenges.
References
- State Intellectual Property Office of China. Patent CN107427464.
- World Intellectual Property Organization (WIPO). Patent Landscape Reports (when available).
- Chinese patent law and examination guidelines, available through SIPO.
